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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44941
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I started employment in a local Distribution Centre in 2006

Customer Question

I started employment in a local Distribution Centre in 2006 and didnt disclose a prison sentence on the application form from 1999. These sentence was 3yrs, however the applicaton said anything in the last 5 years or unspent conviction and some rehabilitation of offenders act of 1974.

At the time, the offence was over 5 yrs so I did not disclose, which it seems I did incorrectly. I received a FWW for Gross Misconduct (failure to supply info on an application form]. As a member of the managment team, 7 mths later they are making redundencies and although I am most qualified manager and abilty [was scored as such) I still fall into the redundancy due to the FWW.
I wasn't given right to appeal at the time, which looks like they may now do 7 mths later and I wasnt given any copies of evidence used against me, like the dredded act I keep refering to. Do I have a case here, or should I just accept redundancy?
I do concede (according to the act) I should have disclosed, but I didnt know this when filling out the application form.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello and thank you for your question, which I will be happy to assist you with. Please let me know exactly how long have you worked there?
Customer: replied 3 years ago.

6 and a half years

Customer: replied 3 years ago.

For Ben Jones only 6 and half years

Customer: replied 3 years ago.


For Ben Jones only 6 and a half years.


I have received and responded to this question 3 times now.

Expert:  Ben Jones replied 3 years ago.
Apologies for the slight delay, I experienced some temporary connection issues earlier. If you did not have the FWW would you not be selected for redundancy?
Customer: replied 3 years ago.

Correct, without the FWW I would have had zero score {0 bben the best and 9 been thye worst in each category}. Ability and qualifications I scored both zero.


 


Predominantly, I am wanting to know if I should have been given the FWW, as I believe it was too harsh. If any wrong doing, it was poor explanation on the application form or ignorance on my part.

Expert:  Ben Jones replied 3 years ago.
did you try and appeal and the employer refused to hear the appeal or was an appeal simply not mentioned?
Customer: replied 3 years ago.

Originally they said I new the policy well enough so didn't need a letter of appeal. The union complained and the company conceded I should have had it in writing. Although it would be useless even if they gave me the right to appeal now. I could be dismissed, as well as reduced.


 


They say, 'the FWW was the correct decsion' although I havent heard this officially. I get to know most things from the other managers as we all know each other.

Expert:  Ben Jones replied 3 years ago.
Just because they did not say that you have the right to appeal, when you knew that you had that right, would not make the breach so serious to challenge the whole process at this stage. If you were unhappy with the FWW issued at the time then you should have challenged it regardless of what the employer said or did not say, unless they actually refused to hear your appeal in which case you can take the matter further by claiming that a fair process was not followed.

If that was the case you can now challenge your scoring in the redundancy exercise by arguing that the FWW was issued in error and should be reviewed or not taken into account in your scoring. I am afraid that ignorance will not be a viable excuse so if you did not disclose the required information at the time of joining you will have to bear some responsibility.

So in terms of taking this matter further - challenge the FWW in your redundancy consultation meetings and try to find a workaround. If that is not possible then you can be made redundant and can appeal the redundancy with the employer. After that, all you can do is make an unfair dismissal claim in the employment tribunal.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44941
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I also have my own business as well as Manager at Wilkinson's distribution, I therefore reduced my contract to 32hrs a week 5 weeks ago. Unfortunately this has resulted in the 13.5 weeks redundancy, been reduced by 20% as my weekly wage is less. Is this correct, or should I be given the last years salary / average salary for the yr? Either of which would be a huge improvment on what I have been offered now.


 


I may then accept as I wouldnt have stayed much longer anyway, with me been busy myself at my personal business work.


 


Please advise.


 


AB

Expert:  Ben Jones replied 3 years ago.
was the reduction in hours supposed to be permanent or temporary?
Customer: replied 3 years ago.

For Ben Jones only


 


Yes permenent at my request

Expert:  Ben Jones replied 3 years ago.
Then I am afraid your redundancy payment will be calculated based on your hours and pay at the time of redundancy, not any historical values

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